K1 Visa Removal Proceeding HELP

[Ana1969 0]

Hi, I need help. My friend were sponsor here by her fiance in 2003. It takes a few years for the interview and a lot of problems in the meantime. She has no paperwpork so he is the only one that work. They went for an interview and immigration said the marriage was not real. They try to prove that it was real but uscis question all the document they sent in, even the lawyer was puzzle. The stress was too much for him and he file for divorce, she just recently got a notice for the removal proceeding and a court date for august 25, 2009. I read online that there is a case of choin v. mukasey. where after divorce a k1 visa can still file for adjustment status due to the fact that k1 visa require the alien to get married but did not state how long the alien had to stay married and the 9 circuit court rule in favor of the defendant. I am hoping that this case will work the same way. She did not have any money and i am currently helping her but I can afford too much legal fees. Does anyone have any sugestion.

Thanks,

Ana

[payxibka 10,048]

You have misread Choin

as noted in the decision the case was remanded back for reconsideration...

"As in Freeman, however, we note that even if Choin married in good faith, our decision does not “automatically entitle [Choin] to adjustment

of status,” which is granted at the discretion of the Attorney General. Id. at 1040 n.12. Instead, “the purpose of our opinion here is to ensure that

in making the decision to accord [adjustment of] status, the immigration authorities are properly construing the law that they have the discretion to

apply.”

[Anh map 2,098]

If your friend has a removal hearing scheduled then she needs a good, experienced immigration attorney, not advice from us here on VJ.

Contact Catholic Charities for some assistance or find one of the Vietnamese Advocay groups in Dorchester/Boston for help.

Here is a link to the Vietnamese-American Civic Association in Boston. Thery may have some good information as well. http://www.vacaboston.org/

[Bobby+Umit 161]

Another thing is that your friend went to an AOS interview, and they denied it, so she was allowed to attempt an AOS. (unlike the Choin case your referenced)

Since they divorced, and he probably pulled his I-864 (if it would even be considered valid anymore since the AOS was denied), she probably will lose and be sent home.

Recommend a good lawyer - but I wouldn't get my hopes up.

Edited August 8, 2009 by Bobby_Umit

[Ana1969 0]

I spoke to a lawyer Friday at the Internation institute and they told me to gather up a lot of documentation to prove that the marriage is not a fraud. Once that is proven then maybe the decision will be reconsider. I can even imagine seeing her being send home. So I have to try something. Hope is all we got at this point.